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Supreme Court Orders Return of Man Erroneously Deported to El Salvador Mega-Jail
The US Supreme Court has mandated that the Trump administration facilitate the return of a Maryland resident who was wrongfully deported to a notorious maximum-security prison in El Salvador. This decision comes after it was acknowledged that Kilmar Abrego Garcia was deported by mistake, sparking a legal battle that reached the highest court.
Supreme Court Upholds Lower Court Ruling
Despite conceding that Kilmar Abrego Garcia’s deportation was an error, the Trump administration appealed against a lower court’s directive to bring him back to the United States. However, in a unanimous 9-0 decision on Thursday, the Supreme Court rejected the administration’s attempt to block the lower court’s order.
The Supreme Court justices affirmed that the judge’s mandate “requires the Government to expedite Abrego Garcia’s release from detention in El Salvador and to ensure that his case proceeds as if he had not been improperly removed.” This ruling underscores the court’s commitment to due process and rectifying administrative errors within immigration enforcement.
Background of the Deportation Case
Mr. Garcia, now 29 years old, originally from El Salvador, entered the US without authorization as a teenager. In 2019, he was apprehended in Maryland along with three others and subsequently detained by federal immigration authorities.
An immigration judge had previously granted him protection against deportation, recognizing the potential risk of persecution he faced from gangs in his native country. Despite this, he was deported and is currently being held at the Terrorism Confinement Center (Cecot), a high-security prison in El Salvador. This facility houses hundreds of men deported by the US in recent months, many accused of criminal and gang affiliations.
Jennifer Vasquez Sura, Mr. Garcia’s wife and a US citizen, has been actively advocating for his release and return. At the time of his detention on March 12, he was employed as a sheet metal worker.
Legal Challenges and Government Response
On April 4, Maryland District Court Judge Paula Xinis issued an order instructing the Trump administration to “facilitate and effectuate” Mr. Garcia’s return to the US.
The government has stated that Mr. Garcia’s deportation, which occurred on March 15, was the result of an “administrative error.” Nonetheless, they maintain allegations of his involvement with the MS-13 gang, claims vehemently denied by his legal representation.
In an urgent appeal to the Supreme Court, the Trump administration argued that the Maryland judge exceeded her jurisdiction in issuing the return order. They further contended that US authorities lack the power to compel the sovereign nation of El Salvador to repatriate Mr. Garcia.
US Solicitor General D John Sauer asserted in his emergency court filing, “The United States does not govern the sovereign nation of El Salvador, nor can it force El Salvador to comply with a federal judge’s directive.”
He further argued, “The Constitution vests the president, not federal district courts, with the conduct of foreign diplomacy and the responsibility of protecting the nation against foreign threats, including through executing their removal.”
Prior to the Supreme Court’s final ruling, a temporary stay was placed on the lower court’s order while the justices considered the matter.